Best Golden Visa Lawyers in Milpitas

1. About Golden Visa Law in Milpitas, United States

In Milpitas, the term Golden Visa generally refers to the United States Immigrant Investor Program, commonly known as the EB-5 program. This is a federal pathway that can lead to lawful permanent residence for foreign nationals who invest in a new commercial enterprise and create or preserve at least ten full-time jobs for U.S. workers. The program is not issued by the City of Milpitas or the state of California; it is administered by the U.S. Citizenship and Immigration Services (USCIS) under federal law.

Current investment thresholds typically require a minimum of $1,050,000 (general) or $800,000 (targeted employment area, TEA) and the creation of ten jobs. The program also involves a two-year conditional residence that becomes permanent after meeting job creation requirements. In 2022 the EB-5 regime was modernized, reauthorizing certain centers and tightening documentation around funds and job creation. Milpitas residents pursuing this option should understand both federal requirements and local processing realities.

According to USCIS, the EB-5 program provides a pathway to lawful permanent residence for foreign nationals who invest in a new commercial enterprise and create or preserve ten full-time jobs for U.S. workers. The current thresholds are generally $1,050,000 or $800,000 in a TEA, with ten jobs per investor.

Because EB-5 is a federal program, changes are driven by federal law and agency policy rather than city ordinances. Local factors in Milpitas, such as California tax considerations or Bay Area project timelines, can influence how an investor’s funds are deployed and how quickly a project advances. Prospective investors in Milpitas should plan for a multi-stage process that includes immigration filings, business diligence, and ongoing compliance.

Key references for the program and its current structure include official guidance from USCIS and DOS. They describe how petitions I-526 and I-829 work, and how consular processing or adjustment of status interacts with regional centers and direct investment options. See the sources listed in the Additional Resources section for direct links.

2. Why You May Need a Lawyer

• Direct investment versus regional center investment in a Bay Area project. If you plan to fund a Bay Area development in Santa Clara County, a lawyer can help determine whether you qualify as a direct investor or should participate through a regional center. The job creation method differs between these paths, with indirect jobs common in regional center projects.
• Proving lawful source of funds for a Milpitas investment. USCIS requires robust documentation showing lawful origin of investment funds. A lawyer can map your funds, trace transfers, and prepare affidavits and third-party verifications to satisfy source of funds standards.
• Preparing I-526 and I-829 petitions with precise project documentation. A skilled solicitor collects project business plans, economic analyses, and investor agreements. Poor documentation increases the risk of delays or denial in Milpitas filings.
• Addressing prior immigration or criminal concerns before filing. If you have previous visa issues or a criminal record, counsel can assess risk, advise on waivers, and prepare a responsive record for USCIS.
• Coordinating removal of conditions after two years. If your I-526 is approved and you receive conditional permanent residence, you will need I-829 to remove conditions. An attorney helps ensure timely evidence of job creation and compliance.
• Planning for long-term residency goals beyond initial approval. A lawyer can outline a multi-year strategy, including potential family derivative visas and timelines for permanent residency in Milpitas or elsewhere.

3. Local Laws Overview

The EB-5 program is governed primarily by federal law and federal regulations, but it interacts with state and local processes. Below are the principal regulatory touchpoints and how they apply in Milpitas, California.

Immigration and Nationality Act (INA). The INA forms the overarching framework for immigrant investor classifications, including eligibility criteria, admissibility, and pathways to permanent residence. The statute is implemented by federal agencies such as USCIS and the Department of Homeland Security.

8 CFR Part 204 and Part 216. These sections of the Code of Federal Regulations encode the regulatory framework for immigrant investors and conditional permanent residence. Part 204 governs petitions for immigrant investors and their qualifying ventures, while Part 216 governs the two-year conditional residence period and the process to remove conditions.

EB-5 Reform and Integrity Act of 2022 (RIA) and related regulatory updates. The 2022 modernization package preserves a regional center program and updates job creation methodologies, investor protections, and program integrity measures. It also clarifies thresholds and reporting requirements for investment funds and project sponsors.

Targeted Employment Area (TEA) concepts and regional designations. In California and Milpitas, TEA status affects the investment amount. TEAs are defined to reflect high unemployment or rural areas as designated by states and, increasingly, by the federal framework for EB-5. Always verify current TEA designations before planning an investment.

Recent changes emphasize more stringent source of funds documentation and clearer alignment with project performance metrics. For Milpitas residents, the practical effect is a more rigorous pre- filing preparation and a need for precise, well-documented economic analyses tied to a specific Bay Area project or regional center.

Useful references for these legal structures include:

• 8 CFR Part 204 - Petitions for Immigrant Investor (official government source)
• 8 CFR Part 216 - Conditional Permanent Residence (official government source)
• USCIS - EB-5 Immigrant Investor Program (official program information)
• DOS - Immigrant Investor Programs and the EB-5 visa (consular processing information)

4. Frequently Asked Questions

What is the EB-5 Immigrant Investor Program?

The EB-5 program offers a path to lawful permanent residence for foreign nationals who invest in a qualifying U.S. enterprise and create or preserve ten jobs. It can lead to a green card for the investor and eligible family members.

How do I start the EB-5 process in Milpitas?

Begin with a consultation with a Milpitas immigration lawyer who specializes in EB-5. They will help choose between direct investment and regional center options and outline a step by step filing plan.

Do I need a lawyer to apply for EB-5?

While not legally required, a specialized attorney improves the odds of a smooth filing. An EB-5 lawyer handles source of funds documentation, project diligence, and regulatory compliance.

What is the minimum investment amount for EB-5 in a TEA?

As of the latest framework, the minimum is $800,000 for TEA investments and $1,050,000 for investments not in a TEA. Always confirm current figures on the USCIS site before proceeding.

How long does the EB-5 process typically take?

Timeframes vary by case and backlog. I-526 petitions may take from 18 to 60 months or more. Federal processing estimates change; a Milpitas attorney can provide current expectations based on your situation.

Do I need to file I-526 before I file for a green card?

Yes. Filing I-526 is the initial petition to classify you as an immigrant investor. If approved, you proceed with adjustment of status or consular processing to obtain permanent residence.

What is the difference between direct investment and regional center investment?

Direct investment involves a standalone business and direct job creation. Regional centers allow pooled investments with indirect job creation, often simplifying the job count requirements and project management.

What documents prove lawful source of funds?

Common evidence includes tax returns, bank statements, transfer records, gift deeds, and business financials. A lawyer helps structure this evidence to meet USCIS expectations.

Is there a separate residency requirement after I obtain a green card through EB-5?

After approval, you obtain permanent residence status. The residency requirement involves maintaining status and meeting conditions for removal of conditions after two years if applicable.

How much does it cost to hire a Golden Visa lawyer in Milpitas?

Prices vary by experience and complexity but expect consultation fees, case preparation costs, and government filing fees. A Milpitas EB-5 attorney can provide a detailed cost estimate after an initial assessment.

What happens if my I-526 is denied?

The denial can be appealed in some circumstances or you may refile after addressing the issues raised. A lawyer can review the denial reasons and advise on next steps.

Can I file I-485 concurrently with my I-526 in Milpitas?

Concurrent filing depends on visa availability and your location. Your attorney will determine whether concurrent filing is appropriate based on your case details and current processing rules.

Do I need to disclose past visa issues or criminal matters?

Yes. Full disclosure is essential. An EB-5 lawyer will assess how past issues impact eligibility and whether waivers or other remedies are available.

5. Additional Resources

• USCIS - EB-5 Immigrant Investor Program - Official program information, forms, and filing guidance. https://www.uscis.gov/eb-5
• U.S. Department of State - Immigrant Investor Programs and the EB-5 visa - Information on visa applications, consular processing, and related guidance. https://travel.state.gov/content/travel/en/us-visas/immigrate/investing-in-the-us-eb-5-visa.html
• eCFR Title 8 Part 204 and Part 216 - Regulatory framework for immigrant investors and conditional residence. https://www.ecfr.gov/current/title-8/chapter-I/part-204
• California Governor's Office of Business and Economic Development (GO-Biz) - State guidance on EB-5 and regional center program guidance in California. https://business.ca.gov

6. Next Steps

1. Define your goal and a rough timeline. Decide whether you prefer direct investment or a regional center approach, and set a target date for filing I-526. This helps narrow the right attorney and project options. (1-2 weeks)
2. Identify Milpitas or Bay Area immigration lawyers with EB-5 experience. Look for a lawyer who regularly handles I-526 and I-829 filings and has documented project diligence experience. Schedule initial consultations.
3. Gather documents and prepare a preliminary funds plan. Collect tax returns, bank statements, investment documents, and any proof of earned income. Your attorney will map sources and uses of funds.
4. Evaluate direct versus regional center projects with due diligence. Your counsel can review business plans, job creation metrics, and risk disclosures for Milpitas opportunities.
5. Draft and assemble the I-526 petition package. The attorney coordinates with project sponsors and ensures consistency across all documents. Expect a multi week to multi month preparation period.
6. Plan for post approval steps and conditional residency timelines. Work with your lawyer to map adjustment of status or consular processing, and prepare for I-829 filing after two years. (Ongoing)
7. Confirm ongoing compliance and annual reporting requirements. After approval, maintain project compliance and stay aligned with USCIS expectations to preserve long term status. (Ongoing)